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Ben Chumo, Ken Tarus, Get Away In Sh400m Graft Case

Suspended MD Ken Tarus and his predecessor Ben Chumo when they appeared in a past court session.

The Director of Public Prosecution (DPP) Noordin Haji has withdrawn a Sh400 million graft case against former Kenya Power Managing Director Ben Chumo, Ken Tarus and 10 others over lack of evidence.

The case was withdrawn under Section 87 (a) of the Criminal Procedure Code (CPC).

Dr Chumo was charged in 2018 together with his successor Ken Tarus, Beatrice Meso, K.P Mungai, Joshua Mutua, Abubakar Swaleh, Samuel Ndirangu, Stanley Mutwiri, Benson Muriithi, Peter Mwicigi and John Ombui.

The charges relate to the supply of faulty transformers worth Sh400 million.

The former Kenya Power bosses had denied charges of conspiracy to commit an offence, aiding the commission of a felony, wilful failure to comply with procurement laws, conspiracy to defeat justice and fraudulent acquisition of public property.

Also charged were directors of Muwa Trading Company Ltd, James Njenga Mungai, Grace Wanjira Mungai and John Mungia, the company alleged to have supplied the faulty transformers.

The case against the company and its directors was, however, withdrawn last year.

In April, Chumo moved to the High court, challenging a decision by the DPP to introduce new charges against him just as the graft case was in its last stages.

Only one of the 34 witnesses was yet to testify.

Chumo argued it was unfair for the DPP to expose him to a trial where 33 out of 34 witnesses had testified over a period of three years and eight months but goes ahead to withdraw the charges against his co-accused.